Mukteswar Naik vs. State Of Odisha

WP(C)/27986/2026HC OrissaGSTCNR ODHC01065560202602 September 2026Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE CHITTARANJAN DASH20 pages

AI SummaryDismissed

Held

The High Court upheld the rejection of the petitioner's bid, ruling that the ITB, including the NLC affidavit requirement, was an integral and essential part of the tender document. Since the tender document explicitly provided for rejection at the technical bid stage as a consequence of non-adherence to such conditions, the authority's decision was found to be justified and without infirmity.

Facts

The petitioner submitted a bid for road construction work but was disqualified at the technical bid stage. The rejection was due to the non-submission of an affidavit regarding a No Litigation Certificate (NLC), a requirement stipulated under Clause 1.2.6 of the Instruction to Bidders (ITB) in the Detailed Tender Call Notice (DTCN). The petitioner challenged this rejection, arguing it was not an essential condition.

Key Issues

The key legal issue was whether the non-submission of an affidavit regarding a No Litigation Certificate, as required by the tender document, constituted a non-compliance with an essential condition warranting the rejection of the bid at the technical stage.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

W.P.(C) No.27986 of 2026 Page 1 of 20 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27986 of 2026 CNR No.ODHC010655602026 Mukteswar Naik …. Petitioner -Versus- State of Odisha and others …. Opposite Parties Advocates appeared in this case: For Petitioner : Mr. Sukanta Kumar Dalai, Advocate For Opp. Parties : Mr. Debashis Tripathy, Additional Government Advocate for State CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE CHITTARANJAN DASH

J U D G M E N T

---------------------------------------------------------------------------------- Date of Hearing and Judgment: 2nd September, 2026 ----------------------------------------------------------------------------------

HARISH TANDON, CJ.

The ascertainment of the meaning and the intention of the tender floating authority to various clauses incorporated in the tender document, in recent time have gained momentum by filing WP(C)/27986/2026 ODHC010655602026 2026:OHC:110-DB

W.P.(C) No.27986 of 2026

frequent litigations assailing the decision of the tend

The judgment continues below.

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.